If you’re the custodial parent of a child and you wish to relocate outside the state of Minnesota with that child, you can only do so under two circumstances, either having permission from the court to do so or permission of the other parent. Obviously, if you and the other parent agree, it’s as simple as putting that agreement in writing and signing it and submitting it to the judge.

But in situations where the other parent does not agree, you do have the option of filing a motion with the court to seek permission to relocate out of state. There’s a very specific framework in place that the court must follow to determine whether it serves the best interest of a child to relocate.

Most of those factors are fairly similar to the best interest factors that apply to a custody award situation, but there are some additions, including the feasibility of preserving the parent/child relationship as part of that move.

In other words, will a child be able to return to Minnesota regularly or will the parent remaining in Minnesota have the opportunity to spend time with that child? Moreover, the court is going to look at the motive for your potential move. If your motives are pure and you seek to relocate for a better job opportunity or to be closer to extended family, the court is likely to grant that move.

On the other hand, if the court finds that you are simply moving to try to interfere with the relationship between the child and the other parent, the court may not be so likely to grant that request.